Certain criminal acts, when
committed because of a bias against the victim or
a group to which the victim is perceived to
belong, are classified as hate crimes. In most
places, these groups include those crimes
committed against people because of their real or
perceived gender, religion, race, ethnicity, or
sexual orientation. Hate crime law acts as
a deterrent because hate crime perpetrators are
punished more severely in states where such laws
exist. Forty-seven
states and the District of Columbia have laws
against hate crimes. Of those, twenty-nine states and the District
of Columbia have hate crimes statutes that
specifically cover crimes based on the real or
perceived sexual orientation of the victim. Seven
of those states and the District of Columbia also
cover gender identity.
Under current law,
the FBI is empowered to step in to help
investigate certain hate crimes based on race,
color, religion or national origin. But the law
does not cover hate crimes stemming from bias
based on the victim's sexual orientation, gender
or disability.
Current federal
law covers crimes committed on the basis of race,
religion, color or national origin. However,
there are no federal protections for crimes based
on sexual orientation, gender identity, or
disability. In addition, current federal law
requires prosecutors to prove a hate crimes was
committed while the victim was exercising a
federally protected activity, such as using
federal facilities or serving for jury duty.
Hate crimes laws
are nothing new. In 1968, Congress first passed a
hate crimes statute during a time of frightening
racial violence. That law made it a federal
crime to attack someone because of race, color,
religion or national origin. It only applied if
the assault was aimed at preventing certain
federally protected activities, such as voting or
going to school.
Hate crimes are a
form of terrorism that have a psychological and
emotional impact which extends far beyond the
victim. They threaten the entire community and
undermine the ideals from which this nation was
founded.
Verbal harassment
and name calling of individuals can create a
climate of fear among an entire group of people
when the only requirement is that the targets are
perceived to belong to that particular group.
Because of rampant ignorance and fear surrounding
homosexuality, many bias-motivated physical
assaults against gay, bisexual, HIV-positive, and
transgendered persons are extremely violent and
brutal.
In many states,
the law allows for an increased penalty when a
person is found guilty of committing a hate crime.
Though most people would tend to agree that
assaults and threats are acts that should be
reported to authorities, many people and others
have accepted name-calling and other harassment
as something to be ignored. Using slurs and
epithets is a way of showing someone that you
believe that they are less-than-human and
undeserving of respect. This lack of respect,
which is taught by example, can often be seen in
cases of homophobic violence. Calling
someone a name, refusing to rent them an
apartment, verbal threats, vandalism, abusive
phone calls and Internet hate mail are all
examples of anti-LGBTH incidents and may be hate
crimes. Especially when coupled with
phobias of homosexuality or AIDS, this can lead
individuals to commit violence and other hate
crimes.
Despite the
availability of hate crime legislation in many
states, victims of bias often fear that police
won't take their reports seriously. It is
hoped that the addition of sexual orientation and
other categories to federal law, and the
resulting promise of federal enforcement, will
encourage victims to come forward.
LAMBDA believes
that all anti-gay, lesbian, bisexual,
transgender, or HIV-positive incidents should be
reported and prosecuted whenever possible.
However, LAMBDA also firmly believes that you
have a right to make decisions for yourself.
Therefore, LAMBDA will always help you --
whether or not you choose to prosecute or report
to the authorities.
Some states have
hate crime prevention laws, but beyond the law,
many feel a change of attitude is necessary.
Listen to NPR's Ray Suarez and guests for a look
at community efforts to
prevent hate crimes.
Teenagers are targeted
frequently in anti-homosexual incidents. Friends, strangers - and
most tragically, parents and relatives - often
victimize gay teens. Young
gay & bisexual teens who are not loved, acknowledged,
and supported are at increased risk for suicide, drug & alcohol problems, and
homelessness. Even those that are accepted
and loved can still face a difficult time.
In addition to
anti-LGBTH incidents, domestic violence is also a
serious problem in the queer communities. Gay & bisexual domestic
violence
occurs in probably the same proportions and
causes similar problems as in the straight
community.
More
on hate crimes... click here